The family of a street preacher who died after Denver sheriff's deputies restrained him while he was in custody accused city officials on Monday of delaying their lawsuit to avoid putting the case in a jury's hands.

The city has filed notice it will appeal U.S. District Court Judge R. Brooke Jackson's dismissal of the city's claim that the deputies shouldn't be tried because they have legal protection from liability for actions taken as part of their official duties.

Jackson "ruled that a jury must be allowed to judge the case," said Darold W. Killmer, a lawyer for Marvin Booker's family. "Denver and the deputies are trying to appeal this ruling, however, and that has caused more delay in the march for justice."

Tom Rice, the private attorney who is handling the case for the City and County of Denver and the deputies, said the deputies have a right to appeal the judge's dismissal. "We are not afraid to take a case to a jury, we are just trying to enforce the deputies' rights," Rice said.

Booker, 56, a homeless street preacher, was known for reciting King's speeches at community events and on the streets.

He was jailed on charges of possession of drug paraphernalia.

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While trying to retrieve his shoes in the early morning hours of July 9, 2010, Booker tangled with a booking deputy. He died after deputies shocked him with a Taser, struck him in the legs with nunchucks, put him in a "sleeper hold" and lay on top of him in an effort to control him.

The trial had been scheduled to start on Tuesday. Once the U.S. 10th Circuit Court of Appeals rules on the appeal the judge will set a new date for the trial.